A LOT ABOUT LITIGATION CONDUCT HERE: SIGNATURE OF THE STATEMENT OF TRUTH: POOR BUNDLES: POOR WITNESS STATEMENTS AND THE TOTAL LACK OF WISDOM IN SENDING MATERIAL DIRECTLY TO THE JUDGE IN THE MIDDLE OF A TRIAL…
The judgment of Mr Justice Fraser in Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd [2021] EWHC 1116 (TCC) demonstrate some “unusual” conduct in litigation. Not least the claimant’s solicitors wrote to the judge, in the middle of…
BUNDLES AGAIN: JUDGES WASTING THEIR BREATH: “HOW MANY YEARS – DECADES – HAVE TO PASS BEFORE THOSE WHO KNOW BETTER AND WHO… ARE BEING HANDSOMELY REMUNERATED COMPLY WITH THEIR OBLIGATIONS?”
Another post that adds to the dozens, if not hundreds, of cases about bundles. The trial bundles were the subject of considerable criticism by Sir James Munby in C (A Child) [2021] EWFC 32. “I forebear from further judicial exhortation…
SEDLEY’S LAW GOES ONLINE… : “IT IS NECESSARY FOR ME TO SAY SOMETHING ABOUT THE UNSATISFACTORY MANNER IN WHICH BUNDLES OF DOCUMENTS HAVE BEEN PREPARED FOR TRIAL”
If you thought that electronic bundles were the panacea that was going to put an end to the numerous posts on this blog recording (largely) judicial criticisms of bundles, think again. The judgment today of HHJ Cawson QC, sitting as…
ELECTRONIC BUNDLES AND PROBLEMS AT TRIAL: IF PAGES ARE ADDED IT IS NOT PLAIN SAILING
Readers have been waiting, with anticipation, for cases about electronic bundles. The judgment of HHJ Pearce in Global Technologies Racing Ltd v 5 West (t/a Alex Thomson Racing) [2020] EWHC 3334 (Comm) shows the problems that can occur in relation…
YOU CAN TEACH AN OLD JUDGE NEW TRICKS: TECHNOLOGY “EMBRACE IT: IT WILL MAKE YOUR JOB EASIER”
In S (Fact-Finding) [2020] EWFC 71 HHJ Jack sitting as a High Court Judge heard a case remotely. I will leave the analysis of his robust findings in the case – where the children were returned to their parents – …
THOUSANDS OF DOCUMENTS AND LEAVING SOME POINTS ON THE CUTTING ROOM FLOOR: THE JUDGE’S LAMENT
In Município De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2930 (TCC) Mr Justice Turner allowed the defendants’ application to strike out the claim being brought by 202,600 claimants. Here we look at the observations in relation…
THE DANGERS OF LAWYERS WORKING WHILST TRAVELLING: TOP TEN TIPS (& A BONUS) TO KEEP YOU ON THE RAILS
Todays top 10 tips follows on from yesterday. In the previous post PJ Kirby recorded how he was able to draft a letter that included: “We acknowledge receipt of your letter which was expected as Mr X was discussing the…
GENERAL GUIDANCE ON PDF BUNDLES FOR HEARINGS IN COURTS: GUIDANCE ISSUED TODAY
Mr Justice Mann has issued the following guidance on PDF bundles today. It provides practical guidance as to the matters that should be included in bundles, including the need for optical recognition, the need for the documents to be in…
COVID REPEATS 20: CIVIL LITIGATION BRIEF 26 YEARS AGO: PROCEDURAL DEVELOPMENT IN 1994
Six years ago I reviewed the annual output of Civil Litigation Brief in 1994 so, in essence, this is a repeat of a repeat. There were no “blogs” back. Twenty six ago CLB was a monthly column in the Solicitors…
AN ELECTRONIC BUNDLE SHOULD BE CONFINED TO “ESSENTIAL” DOCUMENTS: IT HELPS IF COUNSEL HAS A SAY IN ITS PREPARATION: IMPORTANCE GUIDANCE FROM THE HIGH COURT
In the judgment given this morning in Tailby , Re TPS Investments (UK) Ltd [2020] EWHC 1135 (Ch) HHJ Cox QC (sitting as a High Court Judge) gave some importance guidance in relation to the preparation and presentation of an…
COVID REPEATS 17: SEDLEY’S LAW OF DOCUMENTS
It was clearly his extensive experience with trial bundles that led Sedley L.J. to write “Sedley’s Laws of Documents”. These are laws that should be considered, in detail, by every litigator. For many, many years, a post I wrote on…
MORE USEFUL GUIDANCE ON BUNDLES AND VIRTUAL HEARINGS
Caselines has kindly sent me details of their very useful “COVID-19 Resource Hub” TOPICS COVERED Pandemics, Privacy, and Confidential Data Security: Managing Information Risk is Critical Video: Introduction to a CaseLines Bundle Quick Reference Guide: From Invite to…
Video: Creating and using electronic hearing bundles: St Philips Chambers
St Philips Chambers have kindly sent me a link to their video “Creating and using electronic hearing bundles” available here. The video explains how to create and use an electronic trial or hearing bundle using Adobe Acrobat Pro.
EBUNDLING: VERY USEFUL STEP BY STEP GUIDE
James M Turner QC has prepared an EBundling Guide to help advocates and other deal with the issue of preparing bundles. This is a task we may all have to come to terms with in the very near future. The…
E BUNDLES: GUIDANCE FROM THE FINANCIAL REMEDIES COURT
The Courts and Tribunals Judiciary site has an “e-bundles protocol”. Since this is a sign of things to come it would benefit all practitioners to read it. THE GUIDANCE 4. Where an e-bundle is to be used the following technical…
2019 AND CIVIL PROCEDURE – A ROUND UP OF THE ROUND UPS: WHAT TO FRET ABOUT AND WHAT NOT TO FRET ABOUT…
There have been a series of annual reviews on key topics throughout December. To round off the year it seemed a good idea to provide a reminder of them all and put the links in one place 2019 AND CIVIL…
2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW: FACTS, FIGURES AND SEARCH TERMS: “CAN A DEAD PERSON BE TAKEN TO COURT?”
The statistics at the end of the year are always interesting (to me at least). The search terms that lead to this blog can be quite illuminating (and sometimes quite alarming…). MOST READ POSTS OF 2019 After seven years…
2019 AND CIVIL PROCEDURE – THE YEAR IN REVIEW (1): BUNDLES
I am sorry to be starting the annual review of procedure so early, but December is a busy month and there is a lot to fit in. I’ll start with the subject that has constantly drawn the most readers to…
CIVIL PROCEDURE BACK TO BASICS 69 : SOCIAL MEDIA AND THE LITIGATOR: A RECAP
The earlier post on the judgment last Jet 2 Holidays Ltd v Hughes & Anor [2019] EWCA Civ 1858 was another case in which social media played a part. The defendant holiday company found social media entries which appeared inconsistent…
PROVING THINGS 167: BUNDLES, EXPERTS, ABSENT WITNESS, UNPLEADED DEFENCES AND… SEWAGE: ALL MODERN LITIGATION IS HERE…
The judgment of HHJ Russen (QC) (sitting as a High Court Judge) in Kivells Ltd v Torridge District Council [2019] EWHC 2846 (TCC), contains a number of interesting scenarios in relation to civil evidence. Many of the common problems of…
